Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

My grandfather had a pretty bad stroke about 6 weeks ago. He…

Customer Question
My grandfather had a pretty...
My grandfather had a pretty bad stroke about 6 weeks ago. He is currently being treated at a skilled nursing center. My uncle has durable POA and has barred us from visiting anymore. Before we were barred from seeing him, Grandpa had expressed interest in changing the POA over to either my mom (his daughter) or me. Mainly we just want to be able to see him and support him while he recovers. Does he or the facility have a right to stop us from visiting?
Submitted: 2 months ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
12/15/2017
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,589
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Family Law Question
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

I am sorry to read about your difficulties.

My best wishes for your grandfather.

If your grandfather is able to speak for himself--that is, if he still has all his faculties, he can override the decision of your uncle and the facility. A POA acts on behalf of the Principal. This does not mean that the Principal if he is still competent cannot make a decision for himself. So, if your grandfather is still competent and says you can come and visit him, you can regardless of what your uncle or the facility says. Otherwise, you have to file emergency Motion with the Court for access to your grandfather.

Best wishes,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Ask Your Own Family Law Question
Customer reply replied 2 months ago
Thank you. The facility did an evaluation of him the day after he arrived and they believe he has moderate incompetence. I've sat with him for hours and hours and have tried to explain to their staff that he is just really hard to wake up. Once he does wake up he's still very much there and can talk football, news, the lousy food they are giving him, family matters etc. Is their subjective determination of competency sufficient to strip him of his rights to see 2/3 of his remaining family?
Family Lawyer: Phillips Esq., Attorney-at-Law replied 2 months ago

Thank you for the information.

Your Question:

Is their subjective determination of competency sufficient to strip him of his rights to see 2/3 of his remaining family?

Response: No. There must be a Doctor's certification of incompetence in order for his rights to speak for himself to be stripped.

Ask Your Own Family Law Question
Was this answer helpful?
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 20,589
20,589 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,875 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

Barrister

Barrister

Lawyer

3,415 satisfied customers

Attorney with 17 years experience

P. Simmons

P. Simmons

Lawyer

3,398 satisfied customers

16 yrs. of experience including family law.

RobertJDFL

RobertJDFL

Lawyer

2,787 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I need help with dissolution of domestic partnership. Los
I need help with dissolution of domestic partnership. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,283 satisfied customers
I do not have access to any of my husband's accounts. We are
Hi! I do not have access to any of my husband's accounts. We are staill legally married, but living separately. I have recently asked him for access to statements because we are working on getting leg… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,589 satisfied customers
My husband can't seem to stop smoking, so can I use a sperm
My husband can't seem to stop smoking, so can I use a sperm donor without his knowledge? … read more
Sue
Sue
Juris Doctorate
297 satisfied customers
If i have legal services for my divorce can my spouse use a
if i have legal services for my divorce can my spouse use a divorce lawyer … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,587 satisfied customers
Its a bit much i want to protect myself, my family from the
its a bit much i want to protect myself, my family from the potential harm of some people at my mothers church. On Tuesday, January 23rd, a woman went to my mother and aunt and said i called her a hef… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,589 satisfied customers
I need advice concerning my adoptive daughter. We adopted
I need advice concerning my adoptive daughter. We adopted her from Ohio when she was 11 years old. She is now 15 years old. … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,144 satisfied customers
My child was questioned by police at school without an adult
My child was questioned by police at school without an adult present and was never read his rights (he is 9). What does the law say about this we are in VA … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,144 satisfied customers
My wife who is a teacher has been having an affair with
my wife who is a teacher has been having an affair with another teacher which has lead to our divorce? Can I file charges against the teacher that has been having the affair with my soon to be ex-wife… read more
Zoey, JD
Zoey, JD
Doctoral Degree
182 satisfied customers
Would it benefit me to seek to voluntarily terminate my
Would it benefit me to seek to voluntarily terminate my parental rights or sign a waiver of interest? I understand the court would place the "best interest of the child" first and foremost when determ… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I started a divorce in 2008. We signed the affidavit of
I started a divorce in 2008. We signed the affidavit of consent for final divorce July 2009 it was filed. I recently find out that was the last form filed and im not divorced in Philadelphia pa. She t… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
MA** what is the MA law regarding a parent's child support
MA** what is the MA law regarding a parent's child support obligations in terms of obtaining life insurance and naming the ex as beneficiary? necessary or not? What about a parent's obligation towards… read more
Ray
Ray
Lawyer
Doctoral Degree
31,355 satisfied customers
My wife and I separated 2 years ago. In the divorce is she
Second opinion] My wife and I separated 2 years ago. In the divorce is she entitled to the earnings of my 401k since we separated?… read more
Phillips Esq.
Phillips Esq.
Attorney-at-Law
20,589 satisfied customers
I called CPS on my girlfriend cause she constantly bails on
I called CPS on my girlfriend cause she constantly bails on me and our son, along with all other responsiblities as a mom. When she goes on her drinking episodes she causes me to miss work. 2 weeks ag… read more
Michael J, Esq.
Michael J, Esq.
Solo Practicioner
Doctoral Degree
3 satisfied customers
If you have multiple child support cases, does the amount
if you have multiple child support cases, does the amount given to the first child decrease?… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,835 satisfied customers
In Texas my brother and wife is not letting my niece have
In Texas my brother and wife is not letting my niece have her children back. My niece lives out of state and flew here to get them because he is refusing her calls and refusing anyone in the families … read more
QuickEasyLegalHelp
QuickEasyLegalHelp
152 satisfied customers
Who do i contact in oregon for child support fraud committed
who do i contact in oregon for child support fraud committed by the oregon child support division in the amount of over $10,000? it was garnished from me (the mother) and suppose to be given to the gr… read more
Ely
Ely
Counselor at Law
Juris Doctor
11,875 satisfied customers
Can a man terminate his parental rights after not knowing if
Can a man terminate his parental rights after not knowing if kids for 3 years or with mental disabilities … read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,835 satisfied customers
What information or evidence is needed by the Texas OAG to
What information or evidence is needed by the Texas OAG to initiate a SAPCR against me? I dated this girl for 2 weeks and haven't heard from her since. On the forms I was served there aren't any alleg… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x